The Nature of the Judicial Process¶
Cardozo, B. N. (1921). The Nature of the Judicial Process. Yale University Press.
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1 citation across 1 artifact.
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Primes¶
- Precedent (Stare Decisis)
- A decision-making architecture in which each decision generates a reusable decision record, accumulated decisions form a precedent corpus, and subsequent decisions are constrained and informed by that corpus, an architecture Cardozo (1921) describes from the inside as the slow accretion by which judicial decisions become law.
This sourceClassic insider account of common-law decision-making: describes how each judicial decision generates a reusable record that, accumulated through case reporting, becomes a constraining corpus for subsequent decision-makers.
Supported in partVerified against the work's full text
Cardozo says precedents fix the judge's starting point and that law changes gradually, inch by inch; he does not describe a decision-record corpus as such.
“precedents have so covered the ground that they fix the point of departure from which the labor of the judge begins”
- A decision-making architecture in which each decision generates a reusable decision record, accumulated decisions form a precedent corpus, and subsequent decisions are constrained and informed by that corpus, an architecture Cardozo (1921) describes from the inside as the slow accretion by which judicial decisions become law.
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